SciNote Academy

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Terms of Use

 

Effective date: June 18th, 2024

 

  1. General

 

  1. These Terms of Use form a legally binding agreement between You and SciNote, that governs Your access to, use of and participation in the SciNote Academy. Please read these Terms of Use carefully. 

 

  1. By creating an Account, You acknowledge and confirm that You have read, understood and agree to these Terms of Use. If you do not agree to these Terms of Use, you may not register for an Account and you may not use or participate in the SciNote Academy. You represent and warrant to SciNote that You have the right, power, capacity and authority to lawfully enter into these Terms of Use.

 

  1. SciNote Academy User

 

  1. You may register for an Account only if You are at least of the age of majority in the jurisdiction in which You reside and You have the capacity to form a legally binding contract. If You are under the age of majority, then Your parent or legal guardian may register an Account on Your behalf. 

 

  1. You may NOT register for an Account if you do not accept these Terms of Use, if you are located in a jurisdiction where access to or use of or participation in the SciNote Academy is prohibited by law, if you do not meet the minimum criteria for registering for an Account or if SciNote has prohibited you from registering for an Account.

 

  1. Notwithstanding to the contrary or any other provision of these Terms of Use, SciNote reserves the discretionary right to refuse to provide access to or use of or participation in the SciNote Academy to any person.

 

  1. To create an Account, You may be required to provide certain information (including Your legal name and surname, email address, other contact information, password and employer identification). You represent and warrant that all information You provide to SciNote is true, accurate, current and complete, and that You will update the information from time to time so that it remains true, accurate, current and complete. SciNote is not under any obligation to verify the accuracy, currency or completeness of any information You provide. You hereby authorize SciNote to create and permanently retain records of all information that You provide and all communications between the Parties and to use, retain and disclose that information as reasonably necessary to provide SciNote Academy and to otherwise perform SciNote’s obligations and exercise SciNote’s rights under these Terms of Use. You are solely responsible and liable for all loss, damage and expense that You, SciNote or any other person may suffer or incur as a result of Your submission of any false, inaccurate, out of date or incomplete information, and Your failure to update Your information.

 

  1. Each SciNote Academy User may only have one (1) Account. You are fully responsible and liable for maintaining the confidentiality of Your Account information and for any and all use and misuse of Your Account and for all resulting loss and damage.

 

  1. SciNote has the discretionary right to cancel or suspend Your Account or reject, revoke or require that You change or renew Your Account information at any time without any liability to You or any other person, including if Your Account is inactive.

 

  1. By accepting these Terms of Use You consent to the collection, use, retention, disclosure and deletion of Your personal information in accordance with the SciNote Academy Privacy Policy and as otherwise permitted by applicable law.

 

  1. You are solely responsible and liable for managing all equipment (including mobile computing devices and personal computers), software and services (including internet access) necessary for Your access to, use of and participation in the SciNote Academy.

 

  1. SciNote Academy

 

  1. Subject to these Terms of Use, You may only use the Account and access, use and participate in SciNote Academy for Your own lawful, personal, non-commercial purposes,  and in compliance with these Terms of Use. Use of an Account or SciNote Academy for any other purpose or in any other manner is strictly prohibited.

 

  1. Except for the limited license expressly set out herein:
    1. as between the Parties, SciNote shall at all times solely own and retain all rights, title and interest (including all intellectual property rights) throughout the world in, to and associated with SciNote Academy; and
    2. You shall not acquire any right, title or interest in, to or associated with the SciNote Academy.

Subject to the provisions of these Terms of Use, SciNote hereby grants You a non-exclusive, personal, non-sublicensable, non-transferable, restricted and limited license to access, use and participate in the SciNote Academy, to access, use and participate in the Courses and to access and use Course Material made available to You in accordance with these Terms of Use. You may use Course Materials solely for Your personal participation in a Course and not for any other purpose whatsoever. Unauthorized use of Course Materials is strictly prohibited.

 

  1. SciNote may at any time cancel or otherwise make unavailable or modify any Course or any Course Material.

 

  1. Restrictions

 

  1. SciNote Academy Users are prohibited from and must not:
    1. access, use or participate in the SciNote Academy for or in connection with any illegal or unauthorized purpose or in a manner that: (i) infringes, violates or misappropriate any rights of any person, including intellectual property, confidentiality or privacy rights; (ii) is harmful, fraudulent, deceptive, misleading, threatening, harassing, defamatory, offensive, biased, obscene, vulgar, indecent, menacing, tortious or otherwise objectionable as determined by SciNote in its sole discretion; (iii) attempts, in any manner, to obtain the password, Account, or other security information from any other SciNote Academy User; (iv) violates the security of any computer network, or crack any passwords or security encryption codes; (v) breaches any laws, rules, or regulations applicable to Your access, use or participation in the SciNote Academy; or (vi) interferes with or threatens, damages, disrupts, compromises or degrades the integrity, functionality, operation, performance or security of the Account or SciNote Academy or SciNote’s systems or data, or to attempts to gain unauthorized access to SciNote’s systems or data;
    2. reverse engineer, decompile, disassemble, decrypt or otherwise attempt to discover the code or underlying structure, ideas, know-how or algorithms relevant to the SciNote Academy or access the SciNote Academy, or write or develop any program based on the SciNote Academy or any portion thereof, in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the SciNote Academy;
    3. circumvent or attempt to circumvent any limitations imposed on Your Account including any license, timing or use restrictions that are built into the SciNote Academy;
    4. lend, sell, resell, lease, sublicense, transfer, assign, distribute, grant a security interest in, or otherwise access, use or participate in the SciNote Academy for the benefit of a third party;
    5. modify, translate, or create derivative works based on the SciNote Academy or any software, hardware, documentation or data related to the SciNote Academy, in whole or part, or reproduce, duplicate, copy, or exploit any portion of the SciNote Academy;
    6. upload, transmit, disseminate or use the SciNote Academy to send or store malicious code, including any worms, viruses, Trojan horses, or any other software or code of a destructive nature;
    7. use the SciNote Academy to post, disseminate, collect, store or otherwise process any sensitive information including, but not limited to personal health information, banking and credit card information, confidential information, trade secrets, and if You do use the SciNote Academy to post, disseminate, collect, store or otherwise process any sensitive information You do so at Your own risk and You are responsible for ensuring compliance with all applicable laws;
    8. access, use or participate in the SciNote Academy for any other purpose than for the purpose SciNote Academy is intended for;
    9. permit the SciNote Academy to be used by anyone other than You;
    10. access, use or participate in the SciNote Academy to advertise, promote or market competitors of SciNote or for any third party’s interests or benefit, other than for the proper use of the SciNote Academy;
    11. circumvent or otherwise interfere with any authentication or security measures of the SciNote Academy, or otherwise interfere with or disrupt the integrity or performance of the SciNote Academy, including doing anything to, or using the SciNote Academy in a way that may cause the SciNote Academy to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the SciNote Academy is in any way impaired, including overloading, flooding, spamming, mailbombing or crashing;
    12. use any robot, spider, device, technology or process to monitor or copy any data or pages within the SciNote Academy, including indexing, crawling, cataloging, mirroring, framing, scraping, caching or otherwise collecting or mining any data from Account(s) or SciNote Academy for any purpose whatsoever;
    13. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use SciNote trademarks and/or variations and misspellings thereof, or alter or remove any trademarks or proprietary notices contained in or on the SciNote Academy.

 

  1. SciNote reserves the right, but is under no obligation to suspend, remove or delete, without prior notice, any User Content or suspend or terminate an Account of any SciNote Academy User that violates these Terms of Use, including the restrictions set forth in the previous paragraph. 

 

  1. User Content

 

  1. You acknowledge that User Content may be made available to other users of SciNote Academy or made publicly available, and that User Content might be copied, disclosed, shared or otherwise made available to other persons. SciNote has no obligation or liability for or control over the use of User Content by other persons.

 

  1. You hereby grant SciNote and its Affiliates, suppliers, service providers and licensees a non-exclusive, world-wide, unrestricted, transferable, sublicensable, royalty-free, fully paid-up, perpetual, irrevocable right and license to use and exploit (including access, view, store, copy, reproduce, combine with other works, distribute, transmit, display and perform) User Content in any manner and for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any compensation or attribution to You or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties. You hereby grant to each other user of SciNote Academy a non-exclusive, non-sublicensable, non-transferable, restricted and limited license to use User Content made available by You for the sole purpose of such user’s use and participation in the SciNote Academy. You hereby unconditionally and irrevocably waive and agree to waive in favor of SciNote and its Affiliates, suppliers, service providers and licensees and all other users all moral rights and rights of authorship and attribution that You have or may have in, to or associated with User Content.

 

  1. In addition to other provision of these Terms of Use, You are solely responsible and liable for User Content. You will ensure that User Content: 
    1. is true, accurate, current and complete;
    2. complies with all applicable laws and community standards (including the laws of the jurisdiction in which You are located); 
    3. does not infringe, violate or misappropriate the rights of any person; and 
    4. does not contain, reference or distribute any information, messages, images or other materials that are abusive, contain nudity, deceptive, defamatory, derogatory, discriminatory, false, fraudulent, harassing, harmful, hateful, indecent, objectionable, obscene, offensive, pornographic, profane, racist, sexist, sexually explicit, threatening, violent, vulgar or otherwise objectionable, or which depict, encourage or tend to incite any unlawful activities. 

 

  1. SciNote is not obligated to monitor, review, screen, police, edit, remove or verify User Content, however SciNote reserves the discretionary right to do so without any notice or liability to You or any other person. SciNote reserves the right to refuse to post any User Content, in whole or in part, without any notice or liability to You or any other person.

 

  1. SciNote does not guarantee the accuracy, veracity or completeness of any User Content. You are solely responsible and liable for Your selection and use of User Content shared by other users and Your interactions with other users. 

 

  1. You acknowledge that You may not be able to remove User Content from SciNote Academy and that copies of User Content might continue to exist and be accessible by other persons. SciNote is not responsible or liable for any removal or deletion of User Content. Copies of User Content may be included in archive and back-up systems and may be permanently retained for legal compliance and administrative purposes.

 

  1. SciNote may report any information regarding unlawful conduct, including information regarding unlawful conduct contained in User Content, to applicable law enforcement agencies at any time without any notice or liability to You or any other person.

 

  1. Suggestions, Feedback

 

  1. Suggestions and feedback may be received spontaneously (e.g. Your voluntary e-mail to Us), or it may be gathered in a systematic way (e.g. organized usability tests, surveys). It can come in many forms – from a new Course or Course Material suggestion, an improvement of the SciNote Academy or even a bug report. Please be aware that by providing such suggestions or feedback, You grant us unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such suggestion or feedback for any purpose without any obligation or compensation to You or any other third party.

 

  1. Disclaimer, Limitation of Liability, Indemnity

 

  1. You are solely responsible for the use of Your Account and the access to, use of and participation in SciNote Academy to achieve Your intended results, accessing, using and participating in SciNote Academy at Your own risk. SciNote does not represent or warrant that SciNote Academy will meet Your requirements.

 

  1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCINOTE ACADEMY IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO: ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, TRUTHFULNESS, QUIET ENJOYMENT, UNINTERRUPTED SERVICE OR WORKMANLIKE EFFORT; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY SCINOTE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

  1. IN NO EVENT SHALL SCINOTE HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES, LOSS OF PROFITS, REVENUES, DATA OR GOODWILL OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE DAMAGES BEING CAUSED BY AN OCCURRENCE WITHIN OR OUTSIDE OF OUR CONTROL. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL SCINOTE'S LIABILITY TO YOU IN RESPECT OF ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY IN CONNECTION WITH THE SCINOTE ACADEMY, EXCEED USD 10.00.

 

  1. You shall defend SciNote and hold SciNote harmless against any claim, demand, suit or proceeding made or brought against SciNote by a third party arising from or being in any way associated to any third party claims relating to (a) Your use of the SciNote Academy, (b) Your violation of these Terms of Use, (c) Your infringement or misappropriation of intellectual property rights of a third party, (d) Your User Content and/or (e) Your violation of any applicable law. You shall indemnify SciNote for any damages finally awarded against, and for expenses (e.g. attorney’s fees) incurred by SciNote in connection with any such claim, demand, suit or proceeding. SciNote will attempt to provide You with a notice of such claim, demand, suit or proceeding, whereas the failure to notify You shall not in any way diminish Your indemnification obligation hereunder.

 

  1. Force Majeure

 

  1. SciNote shall not be liable for any failure or delay in the performance of its obligations caused by circumstances beyond the control of SciNote, which may include denial-of-service attacks, hacker attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, pandemics, epidemics, other (natural) disasters, war, terrorism, and governmental action.

 

  1. Suspension, Termination

 

  1. SciNote shall have the discretionary right to immediately suspend or restrict Your Account and Your access to, use of or participation in SciNote Academy at any time without notice or liability to You or any other person.

 

  1. These Terms of Use as they apply to You are effective unless and until terminated as set forth herein. You may terminate these Terms of Use as they apply to You by permanently closing/deactivating Your Account. SciNote shall have the discretionary right to terminate these Terms of Use as they apply to You at any time by giving a notice of termination to You or by permanently closing/deactivating Your Account.

 

  1. Provisions of these Terms of Use that by their nature survive the termination of these Terms of Use, as they apply to You, shall survive the termination of these Terms of Use, as they apply to You.

 

  1. Governing Law, Dispute Resolution

 

  1. These Terms of Use and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms of Use, shall be governed by the laws of the State of Wisconsin, U.S.A. without regard to its conflict of laws provisions and without regard to the UN Convention on Contracts for the International Sale of Goods (CISG).

 

  1. Each Party agrees to give the other a written description of any problem(s) that may arise and to make a good faith effort to amicably resolve any such problem before commencing any proceeding. Should an amicable resolution not be possible within a reasonable time period, the Parties hereby agree to the jurisdiction of Wisconsin courts. No claim or action, regardless of form, arising out of these Terms of Use may be brought by the SciNote Academy User more than one (1) year after the cause of action has occurred.

 

  1. Final Provisions

 

  1. The headings to the sections in these Terms of Use (e.g. Final Provisions) are solely for the purpose of convenience and easier understanding and navigation through the document and shall not have any effect on construction and interpretation of these Terms of Use.

 

  1. No provision shall be construed adversely to a Party solely on the ground that We were responsible for the preparation of any parts of these Terms of Use.

 

  1. Unenforceability or invalidity of one or more clauses of these Terms of Use shall not have an effect on any other clause. If possible, any unenforceable or invalid clause of these Terms of Use shall be modified to show the original intention of the Parties.

 

  1. These Terms of Use, together with any documents referred in it, or expressed to be entered into in connection with it, constitutes the entire legal agreement between the Parties concerning the subject matter of these Terms of Use, superseding any prior agreements between the Parties (including, but not limited to, any prior versions of the Terms of Use). Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

 

  1. These Terms of Use come into effect on the effective date first written above and shall replace any previous terms for the use of and participation in the SciNote Academy. We reserve the discretionary right to modify or replace any part of the Terms of Use at any time. It is Your responsibility to check the Terms of Use periodically for changes, whereas the current version will be available at: [www.scinote.academy/pages/terms]. The changed Terms of Use shall be effective immediately upon posting, unless expressly state otherwise. By using Your Account and by using and participating in SciNote Academy You confirm Your unconditional acceptance and agreement to be bound by the changed Terms of Use. You may not change these Terms of Use. If You do not agree with the amended Terms of Use the only remedy at Your disposal is to cease using and participating in SciNote Academy.

 

  1. Definitions

 

“Account” means a valid and existing account with SciNote for the use of and participation in SciNote Academy.

“Affiliates” means the corporate affiliates of SciNote, its employees, contractors, agents and consultants.

“Course Material” means the videos, files, documents and other materials provided or made available by SciNote in respect of a Course.

“Course” means an online course provided or made available by SciNote through the SciNote Academy to SciNote Academy Users.

“Party” or “Parties” refers to both the SciNote Academy User and SciNote.

“SciNote Academy Privacy Policy” means the privacy policy governing the processing of SciNote Academy User’s personal data, available at: [www.scinote.academy/pages/privacy], as amended from time to time.

“SciNote Academy” means the Courses, Course Materials and other features and content that SciNote may provide or make available from time to time for use through an Account pursuant to these Terms of Use.

“Terms of Use” means these SciNote Academy Terms of Use, as available at: [www.scinote.academy/pages/terms], and as amended from time to time.

“User Content” means any content posted, submitted, contributed, transmitted or provided by the SciNote Academy User within the SciNote Academy including, but not limited to posting text (e.g. messages, questions, comments), information, images, audio, video, and other materials and forms of data or communication within SciNote Academy, providing feedback during live sessions etc.

“We”, “Us”, “Our” or “SciNote” refers to SciNote, LLC, registered at 3000 Parmenter Street, Middleton, Wisconsin, USA and Affiliates.

“You”, “Your” or “SciNote Academy User” means a natural person, who registered for an Account and meets the conditions of a SciNote Academy User set forth by these Terms of Use.